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ARMY | BCMR | CY2002 | 2002081444C070215
Original file (2002081444C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 June 2003
         DOCKET NUMBER: AR2002081444


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mrs. Nancy L. Amos Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr. Chairperson
Ms. Eloise C. Prendergast Member
Mr. John P. Infante Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that her Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show she entered active duty on 30 January 1991, was released from active duty on 5 June 1991, and that her Reserve obligation termination date was March 1996.

3. The applicant states that she needs the correct information for Department of Veterans Affairs purposes.

4. The applicant's military records show that she enlisted in the U. S. Army Reserve on 27 August 1990 for 8 years.

5. The applicant was ordered to initial active duty for training (IADT) with a report date of 3 January 1991 and a report date to advanced individual training (AIT) of 8 March 1991 for approximately 18 weeks of basic training and AIT.

6. Item 12 (Record of Service) of the applicant's DD Form 214 shows that she entered active duty on 8 March 1991, was released from IADT on 5 June 1991, had 2 months and 28 days of active service that period, and had 5 months and 11 days of prior inactive service. Item 6 of her DD Form 214 shows her Reserve obligation termination date as 27 August 1998.

7. The applicant was discharged from the U. S. Army Reserve effective 9 January 1996 due to being physically disqualified.

8. Records at the Defense Finance and Accounting Service (DFAS) show that the applicant entered active duty in January 1991 (initially indicating a basic active service date (BASD) of 30 January 1991) and had continuous service until she was released from active duty on 5 June 1991. In June 1991, DFAS administratively changed her BASD to read 3 January 1991.

9. Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

10. Army Regulation 135-91 defines Army National Guard and U. S. Army Reserve service obligations. In pertinent part, it states that effective 1 June 1984, all personnel incur an 8-year statutory obligation on initial entry into the Armed Forces.


CONCLUSIONS:

1. The Board notes that there is an error on the applicant's DD Form 214 concerning her date of entry on IADT.

2. The applicant was ordered to IADT with a report date of 3 January 1991. Although DFAS records initially showed her BASD as 30 January 1991, those records were administratively changed prior to her release from active duty to reflect a BASD of 3 January 1991.

3. Despite the applicant's request, the Board presumes that 3 January 1991 is the correct date of entry on active duty as both her IADT orders and final records at DFAS indicate she came on active duty on that date.

4. However, the applicant's DD Form 214 was prepared showing her date of entry on active duty as 8 March 1991 (the date she reported to AIT). Records at DFAS confirm she did not have a break in service before reporting to AIT.

5. The applicant's DD Form 214 accurately reflects her separation from active duty date as 5 June 1991. The DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The applicant may have been discharged from the U. S. Army Reserve in 1996; however, she was released from IADT on 5 June 1991.

6. The applicant's DD Form 214 also accurately reflects her Reserve obligation termination date as 27 August 1998. She incurred an 8-year statutory obligation when she enlisted in the U. S. Army Reserve on 27 August 1990. At the time she separated from active duty on 5 June 1991, her Reserve obligation was scheduled to terminate on 27 August 1998. It was not contemplated at the time she separated from active duty that she would actually be discharged from the U. S. Army Reserve in 1996.

7. In view of the foregoing, the applicant’s records should be corrected but only as recommended below.

RECOMMENDATION:

1. That the applicant's DD Form 214 be amended to show she entered active duty on 3 January 1991 and that her net active service that period and her total prior inactive service be adjusted accordingly.


2. That so much of the application as pertains to correction of the applicant's separation date and her Reserve obligation termination date be denied.

BOARD VOTE:

__ro___ ___ep____ __ji____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O’Connor, Jr.____
                  CHAIRPERSON




INDEX

CASE ID AR2002081444
SUFFIX
RECON
DATE BOARDED 20030612
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 110.00
2.
3.
4.
5.
6.


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